Biography

Mike is a partner with more than 25 years’ experience in intellectual property law and complex commercial litigation, including patent, copyright, trademark and trade secret suits, as well as contract and licensing disputes, for a broad range of leading technology, media and entertainment companies.

Mike has been frequently named by clients and the press as one of the nation's leading litigators, including in surveys published by Los Angeles Magazine and the California Lawyer. He has been named as one of Southern California's Top Lawyers every year since 2007 as well.

In 2009, Mike received the prestigious California Lawyer Attorney of the Year (CLAY) award for "extraordinary achievements" in intellectual property litigation. Mike also was featured in The American Lawyer, which named Quinn Emanuel as the "Top Intellectual Property Firm in the U.S."

Since 2011, Mike has defended Samsung in the high-profile, multi-billion dollar Apple v. Samsung lawsuits involving multiple patent and trade dress claims. In 2013, after trial, Mike won a complete defense decision for Samsung against Apple’s claims of design patent infringement in the International Trade Commission, where Apple had sought to bar importation of Samsung smartphones and other products into the United States. In related federal court actions, he invalidated Apple’s claimed iPhone trade dress in a landmark 2015 Federal Circuit decision and ultimately defeated each of Apple’s repeated attempts to enjoin Samsung products based on design patent and trade dress claims. In December 2016, Mike won for Samsung a widely reported, unanimous decision in the United States Supreme Court that reversed Apple’s claims to design patent damages – the first design patent case heard by the U.S. Supreme Court in more than 120 years.

In 2014, Mike’s victory for Mattel in the Ninth Circuit against trade secret claims brought by MGA Entertainment was named in the press as one of the year’s most significant federal appellate decisions.

Mike is admitted to the State Bars of California, New York and Illinois and regularly practices in the federal courts across the country as well as in the Trademark Trial and Appeal Board. He also routinely litigates international, cross-border intellectual property and technology disputes.

Notable Representations

On behalf of Marvell Technology, won as appellate counsel in Federal Circuit reversal and vacatur of more than $1.25 billion in damages in patent suit accusing Marvell's semiconductors of infringing method claims, including complete reversal of willfulness determination against Marvell. Panel decision reported at 807 F.3d 1283 (Fed. Cir. 2015).

Representing Samsung against Apple in multiple patent and trade dress matters involving smartphone and tablet computer technology in which Apple sought billions in damages and bans on the sales of Samsung products. Results to date include winning a complete non-infringement decision for Samsung on Apple’s design patent claims in the International Trade Commission that sought to block the importation of Samsung products into the U.S. Results also include, in federal court actions brought by Apple: (a) invalidating Apple’s iPhone trade dress and (b) ultimately defeating each of Apple’s repeated attempts to enjoin Samsung products based on design patent and trade dress claims. In addition, in December 2016, Mike won for Samsung in the United States Supreme Court an 8-0 decision that reversed Apple's claims to $399 million in design patent damages -- the first design patent case heard by the Supreme Court in more than 120 years. Reported decisions to date include 678 F.3d 1314 (Fed. Cir. 2012), 695 F.3d 1370 (Fed. Cir. 2012), 735 F.3d 1352 (Fed. Cir. 2013) and 786 F.3d 983 (2015).

Won summary judgment in United States District Court for the District of Delaware for Michael Milken in suit brought by Ronald Perelman companies arising from $135 million acquisition of software company. Decision affirmed by the Third Circuit.

Represented eBay against claims for trademark infringement involving web site search. Won summary judgment in the District Court, and then a Ninth Circuit affirmance. Appellate decision reported at 511 F.3d 966 (9th Cir. 2007).

Successfully defended Napster against assignment-in-gross challenges to validity of Napster's federal registrations for, and its ownership rights to, the NAPSTER marks that had been acquired in Chapter 11 proceedings.

Representing Activision against right of publicity and related claims over videogame content.

Education

University of Iowa School of Law (J.D., with high honors, 1989)

Iowa Law Review:

Editor in Chief

Order of the Coif

Van Oosterhout Honors Moot Court

University of Iowa (B.A., with honors, 1986)

Admissions

The State Bar of California; The State Bar of New York; The State Bar of Illinois; United States Supreme Court; United States Court of Appeals: Second Circuit, Seventh Circuit, Ninth Circuit, Federal Circuit; United States District Court: Central District of California, Northern District of California, Southern District of New York, Eastern District of New York, Western District of Wisconsin, Northern District of Illinois, Southern District of Illinois

Prior Associations

Cravath, Swaine & Moore:

Associate, 1991-1994

Mayer, Brown & Platt:

Associate, 1994-1997

Law Clerk to the Hon. Raymond J. Broderick:

United States District Court for the Eastern District of Pennsylvania, 1989-1991

Publications and Lectures

"Design Patents in the Modern World," Stanford Law School (2013)

“Litigating Design Patent Infringement,” Suffolk University Law School (2013)